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D. Minn.Procedural orderFiled Mar. 29, 2023

In re: Group Health Plan Litigation

Judge
Dulce Foster
Docket
0:23-cv-00267
Court
U.S. District Court · District of Minnesota
Pages
4
Civil ProcedureClass Action
In one sentence

In Vriezen v. Group Health Plan, Judge Foster consolidated three related class actions, designated a lead case, and set deadlines for a consolidated complaint and response.

Who this affects

The plaintiffs in the Vriezen, Lockrem, and Tapp actions; Group Health Plan, Inc., doing business as HealthPartners; and the parties and attorneys involved in those cases.

What happened

In re: Group Health Plan Litigation involves three cases brought by Kelly Vriezen, Kaye Lockrem and others, and Sandra Tapp against Group Health Plan, Inc., doing business as HealthPartners. The plaintiffs said the cases involved the same alleged misconduct and similar legal claims.

The court granted the plaintiffs’ unopposed request to consolidate the cases for pretrial and trial proceedings. It made Vriezen the lead case, directed future filings to use the caption “In re: Group Health Plan Litigation,” and ordered the clerk to administratively close the Lockrem and Tapp case numbers. The court also required a consolidated complaint after the ruling on the motion to appoint interim co-lead class counsel.

The plaintiffs must file the consolidated complaint within 30 days after that counsel-appointment ruling, and Group Health Plan must answer or otherwise respond within 30 days after the complaint is filed. Judge Dulce J. Foster issued the order on March 29, 2023.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
In re: Group Health Plan Litigation · No. 0:23-cv-00267
Judge
Dulce J. Foster
Date
Mar. 29, 2023

Background

The court considered the plaintiffs’ joint, unopposed motion to consolidate three related actions under Federal Rule of Civil Procedure 42(a):

- Vriezen v. Group Health Plan, Inc., No. 23-cv-267-JWB-DJF; - Lockrem et al. v. Group Health Plan, Inc., No. 23-cv-461-JWB-DJF; and - Tapp v. Group Health Plan, Inc., No. 23-cv-483-JWB-DJF.

The court reviewed the complaints and found that the actions challenged the same alleged misconduct and raised duplicative legal claims. It concluded that the cases involved common questions of law and fact and that consolidation would promote efficiency and avoid unnecessary duplication of effort and expense. Group Health Plan, Inc., doing business as HealthPartners, did not oppose consolidation.

Rulings

The court granted the motion to consolidate for pretrial and trial proceedings. It designated the first-filed Vriezen case as the lead case. Future filings must be made in that case under the caption “In re: Group Health Plan Litigation.” The court also ordered that filings in the lead case would be treated as filed in the relevant related case, without requiring separate docketing or refiling of earlier documents.

The clerk was directed to add the parties and attorneys of record from the related cases to the lead case. Pro hac vice admissions from the related cases would remain valid in the lead case. The clerk was also directed to administratively close the Lockrem and Tapp case numbers.

Deadlines

The plaintiffs must file a consolidated complaint within 30 days after the district judge enters an order on their motion to appoint interim co-lead class counsel under Rule 23(g)(3). Group Health Plan must answer or otherwise respond within 30 days after the consolidated complaint is filed.

This order addressed case management and consolidation. The opinion did not decide the merits of the plaintiffs’ legal claims.

The authoritative version

Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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